Q: I am having some overtime pay problems at work and did a google search. I keep running across
the term “FLSA Overtime.” What is FLSA and what does it have to do with overtime?
FLSA overtime refers to the Fair Labor Standards Act, and it is the basis of all American worker’s overtime rights as well as the foundation upon which all state overtime laws are written. It was the first overtime act written back in 1938 (sometimes called the Wages and Hours Bill) and was updated in 2004. Originally drafted to establish a national minimum wage, the FLSA also guaranteed time overtime pay of 1-1/2 times the standard pay rate for certain jobs, and made it illegal to employ minors for “oppressive minor labor” which is also defined in the bill.
The workers in the jobs which were guaranteed overtime came to be known as non-exempt workers and the 2004 update of the this law. The modifications to the definition of “exempt workers” made at this time has set off a flurry of overtime lawsuits as employers and employees test the new boundaries and what they mean for American workers. This situation is even more pronounced in states like California and New York which have enacted state laws that further tighten the definitions of regulations on exempt employees and overtime pay.
In a nutshell, workers who are paid hourly and less than double the minimum wage are those most likely to be covered (non-exempt) under these laws. There are, however, some salaried employees, often misclassified as exempt because of tiles (such as Assistant Manager) who are really non-exempt because they perform the same duties as other non-exempt employees most of the time.
If you believe you have had overtime wages wrongfully withheld according to the FLSA overtime regulations, fill out our complimentary Case Evaluation Form today, and one of our overtime attorneys will be happy to help you.